10-527Amended 6/2/2010
Council File # 10-527
Greeu Sheet # 3103817
RESOLUTION �
'�INT PAUL, MINNESOTA o?
�
Presented by
WHEREAS, Department of Safety and Inspections has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a one and a half story, wood frame single family dwelling located on property
hereinafter referred to as the "Subject Properiy" and commonly known as 402 EDMiJND
AVENUE. This property is legally described as follows, to wit:
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Geo H Schicklersaddition T Lot 19
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on or before November 16, 2009,
the following are the now known interested or responsible parties far the Subject Property: Mai
Ge Lq PO Box 40366, St Paul MN 55104-8366; Mai Lo, 2059 Birch St, White Beaz Lake MN
55110; Kyauna Lewis , Countrywide , 301 Vanderbilt Way Ste 350 , San Bernadino CA 92408;
MERS c/o Countrywide Home Loans, 7105 Corporate Drive PTX-A-195, Plano, TX 75024;
MERS c/o Countrywide Home Loans, 8431 Joiner Way, Eden Prairie, MN 55344; Wilford &
Geske, PA, 8425 Seasons Pkwy, Ste, 105, Woodbury, MN 55125; Thomas-DaleJDist. 7 Planning
Council; and
VJHEREAS, Department of Safety and Inspections has notified the known interested or
responsible parties of the "Order to Abate Nuisance Building(s)" dated February 23, 2010 as
provided for in Chapter 45 of the Saint Paul Legislarive Code; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by March 15, 2010; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requesYed that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, April 27 and May 11, 2010 to hear testimony and evidence, and after
receiving testimony and evidence, made the recommendation to approve the request to order the
io-s2�
43 interested or responsible parties to make the Subject Property safe and not detrimental to the
44 public peace, health, safety and welfare and remove its blighting influence on the community by
45 rehabilitating this structure in accordance with all applicable codes and ordinances, or in the
46 alternative by demolishing and removing the structure in accordance with all applicable codes
47 and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen
48 (15) days after the date of the Council Hearing; and
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50 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, May
51 19, 2010 and the testimony and evidence including the action taken by the Legislative Hearing
52 Officer was considered by the Council; now therefore
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54 BE IT RESOLVED, that based upon the testimony and evidence presented at the above
55 referenced public heazings, the Saint Paul Ciry Council hereby adopts the following Findings and
56 Order concerning the Subject Property at 402 EDMUND AVENUE.
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2.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
That there now exists and has existed multiple Housing or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5.
�
7
That the deficiencies causing this nuisance condition have not been corrected.
That Department of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Department of Safety and
Inspections, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
10-527
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The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
blighting influence on the community'�° -�'�°'��'�*°':��- "�:� °'�.��.-° °~a ° °�«:�~ �„
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,.,.a..,,,.e ...;+w .,n ......r,...�.io ,.,.ao� .,..a ,.�a:...,,,,.o� ,. ., .�.o .,i.o.,,.,�..o by demolishing
�—
and removing the structure in accordance with all applicable codes and ordinances. The
�+�l��k�e�-e� demolition and removal of the structure must be completed within
fifteen (15) days after the date of the Council Hearing.
If the above conective acrion is not completed within this period of time Department of
Safety and Inspections is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fixtures of any kind which interfere with the demolition and removal
shall be removed from the property by the responsible parties by the end of this time
period. If a11 personal property is not removed, it sha11 be considered to be abandoned
and the City of Saint Paul shall remove and dispose of such property as provided by law.
It is further ordered, that a copy of this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Yeas
Requested by Department of.
Safety and Inspections
By:
Form Approved by City Attomey
By:
Adopted by Council: Date L�� ��`'i//� Form Approved by Mayor for Submission to Council
Adoption Certifi d by Co eil Secretary By;
B __lG ���Z� �
Approved b�y . ate �f' !`� 7.!/ 1�
By: �%v.i
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheg�-$�
DepaRmenU�celCouncil: Date Initiated:
S � _Dept.ofSafety&Inspections 23MAR2010 Green Sheet NO: 3103817
Contact Person & Phone:
Department SentToPerson Initial/Date
Bob Kessler y 0 t os sai & m ecrions �
2669013 1 e 4 of Safe & Ins xtions De artment Director
Assign 2 'NAttoroe GY Attome
Must Be on Council Agenda by (Date): Number
19-MAY-10 For 3 a oYs Office Ma or/Assistant
Routing 4 onnN CS Councl
Doa Type: RESOLUTION Order 5 " Clerk Cti Cierk
E-Document Required: Y
Document Contact:
Gontack Ptwne:
ToW I# of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Departmen[ of Safety and Inspections is ordered ro remove the building. The subject property is
located at 402 EDMLJND AVENLIE.
Recommendations: Approve (A) or Reject (R): Personal Service Contrscts Must Answer the Pollowing Questions:
Planning Commission 1. Has this
person/firm ever worked under a cflntrect for this deparlment?
CIB Committee Yes No
Civil Servtce Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on sepaate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order [o
repair or remove the building at 402 EDMUND AVE by March I5, 2010, and have failed [o comply with those orders.
AdvanWgeslfApproved:
The City will eliminake a nuisance.
Disadvantages If Approved:
The City will spend funds to wreck and remove this building(s). These costs will be assessed [o the properry, collected as a special
assessment against the pmperty taaces.
A nuisa�ce condition will remain unabated in the City. This building(s) will continue to bligh[ the community.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Total Amount of
Transaction- CosVRevenue Budgeted:
Fundiny souree: Nuisance Building Abatement qctivity Number: 001-00257
Financial Information:
(Explain)
May 12, 2010 12:42 PM Page 1
May 25, 2010 Legislative Hearing Minutes Page 2
1. Ordering the owner to remove or repair the building(s) at 402 Edmund Avenue within
fifteen (15) days from adoption of resolution. (Rescheduled from April 27 and continued
from May 11)
David Mortensen, attorney with Wilford & Geske, appeared representing the mortgage company.
Mr. Magner stated that there had been two previous hearings conceming this property. At the
heazing on Apri127, no one appeazed and the recommendation was to remove the building within
15 days. The property owner, Mai Lo, then contacted Ms. Vang and another hearing was held on
May 11 in which a list of conditions was made in order to recommend a grant of time to rehabilitate
the building. Ms. Lo indicated that she was financially disabled and was more the less looking for
the city to provide her with financing. The hearing was continued to today because Mr. Mortensen
had sent an email regazding the mortgage company's interest in saving the property and had not
been invited to attend the May 11 hearing. Mr. Magner read Ms. Vang's May 12 letter to Ms. Lo
regarding the conditions which needed to be met in which Mr. Mortensen was copied.
Mr. Mortensen stated that the bank had commenced foreclosure proceedings in 2008 and then the
U.S. government stepped in and instructed mortgage companies to mitigate foreclosure proceedings
by negotiating with clients on re-payment plans. They attempted to work with the property owner
at that time, had failed, and to date, had not recommenced foreclosure proceedings. The bank had
hired a contractor to obtain bids on rehabbing the property and needed additional time to review
those bids to see whether it was feasible to attempt to save the property. If it was deemed that the
property was worth saving, the bank would apply for the code compliance inspection and post the
bond. He requested an additional two weeks for the bank to be able to review their options.
Mr. Magner noted that there was a notice of pendency filed in 2008 and no foreclosure proceedings
had been commenced since that time.
Ms. Moermond stated that since there had not been a sheriff sale and even if the redemption period
were shortened, it would still take another six months before the bank could take ownership of the
property. She asked Mr. Mortensen whether the bank was willing to take responsibility in making
all of the repairs to the property when legally they did not own it. Mr. Mortensen responded that
some banks he represented did take responsibility of hiring property management companies to
maintain their properties in order to protect their asset. He did believe the bank would be willing to
do so in this case.
Ms. Moermond stated that since none of the conditions had been met in her recommendation for a
grant of time from the May ll hearing, which Mr. Mortensen did receive a copy, she recommended
the building be removed within 15 days with no option for repair.
10-527
DEPARTMENT OF SAFEI'Y AND ILiSPEGTIONS
Steve Magrser, Mwrager ofCade F-nfarcemen!
375 Jac.l SVeet. Suite 220
CTTY OF SAINf PAUL SaintPau(. MNS5101-78D6
Christopher B. Cofemart. Mayor
r
Mazch 26, 2010
NOTICE OF PUBLIC HEARINGS
Council President and
Telepbane: 65 /Z668Y89
Facsimile: 63 J-266-14 i9
Web: wwwstcaut o �4i
Members of the Ciry Council
Daparhnent of Safety and Inspections, Vacant/Nuisance Buildings Enforceinent Division has
requested the City Council schedule public hearings to consider a resolution ordering the repair
or removal of the nuisance building(s) located at:
402 EDMiJND AVE
The City Counci] has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, April 27, 2010
City Council Hearing — Wednesday, May 19, 2010
The owners and responsible parties of rewrd are:
Name and Last Known Address
Mai Ge L,o
PO Box 4036b
St Paul MN 55104-8366
Interest
Fee Owner
Mai Lo
2059 Birch St
White Bear Lake MN 55110
Kyauna Lewis
Countrywide
301 Vanderbilt Way Ste 350
gan Bernadino CA 92408
MERS cJo Countrywide Home Loans
7105 Corporate Drive PTX-A-145
Plano, TX 75024
MERS c/o Countrywide Home Loans
8431 Joiner Way
Eden Prairie, MN 55344
Wilford & Geske, PA
8425 Seasons Pkwy, Ste, 105
Woodbury, MN 55125
Thomas-Dale/Dist. '7 Pianning Council
District7ncCa)vahoo.com
C of O Responsible Party
interestad Party
Mortgage Company (Altemate
Address)
Mortgage Company (Alternate
Address)
Foreclosure Attomeys
Dishict Council Contact
pn ,Sffumative Action Equal Opportunity Emplayet
10-527
402 EI}MUND AVE
Mazch 26, 2010
page 2
The Iegal description of this propecty is:
Geo H Schicklersaddition T Lot 19
With the following Historic Preservation information: NONE
The Department of Safety and inspections has declared this building(s) to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Department of Safety and Inspecrions has
issued an order to the then known responsible parties to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing fltis building(s).
The property was re-inspected on March 15, 2010. There was no compliance and the nuisance
condition remains unabated, the community continues to suffer the blighting influence of this
progerty. It is the recommendation of the Department of Safety and Inspecrions that the City
Covncil pass a resolution ordering the responsible parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Department of Safety and
Inspections to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
Steve �Ylagner
Steve Magner
Manager of Code Enforcement
SM:cs
cc: David Palm, City Attomeys Office
Mary Erickson, Assistant Secretary to the Council
Cindy Cazlson, PED-Housing Division
Nancy Homans, Invest St. Paul
District Council — Community Organizer
pubhmg60183 03/t0
SUMMARY FOR PUBLIC HEARING 10-52�
402 Edmund Avenue
Legislative Hearing — Tuesday, April 27, 2010
City Council — Wednesday, May 19, 2010
The building is a two story, wood frame, single-family dwelling on a lot of 3,920 square feet.
According to our files, it has been a vacant building since November 7, 2007.
The current property owner is Mai Ge L,o, per AMANDA and Ramsey County Property records.
The city has had to boazd this buiiding to secure it from trespass.
There have been eight (8) SUMMARY ABATEMENT NOTICES since 2007.
There have been eleven (11) WORK ORDER(S) issued for:
- Boarding/Securing
- Improperly stored refuse, garbage and misc debris
- Removal of tall grass and weeds
- Removal of snow and ice
On February 16, 2010, an inspection of the building was conducted, a list of deficiencies which
constitute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on February 23, 2010 with a compliance date of
March 24, 2010. As of this date this property remains in a condirion which comprises a nuisance
as defined by the legislative code.
The Vacant Building registration fees are paid. (Paid by assessment on 1-8-10)
Tasation has placed an estimated market value of $14,600 on the land and $32,500 on the
building.
As of April 22, 2010, a Code Compliance Inspection has not been completed.
As of April 22, 2010, the $5,000.00 performance bond has not been posted.
Real Estate tases are current.
Code Enforcement Officers estimate the cost to repair this structure is $40,000 to $50,000.
The esrimated cost to Demolish exceeds $11,000.
DSI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the proper[y.
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10-527
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Property Identification Number (PIN)
Property Address
Municipality
Watershed
School District Number
36.29.23.24.0023
402 Edmund Ave
St. Paul
Capital Region �N/5
625
Assessment Date 01-02-2009 01-02-2010
Tax Payable Year
Total Estimated Market Value
Total Taxable Market Value
Total Estimated Land Value
Total Estimated Building Value
Property Class Description
2010
$68,500
$68,500
$17,100
$51,400
Res Non-
Hstd
Year Built 1887
# of Stories 1.50
Residential Finished SQ Feet/Comm, 1120
Ind, Apt Bldg Area 640
Foundation Size
2011
$47,100
$47,100
$14,600
$32,500
Res Non-
Hstd
The Ptat or Section / Township J Range ana3 Legal Descriqstioro
listed below may be an abbreviated (egal descriptiors - Do not use
to prepar� legal documents
Section / Township / Range 36-29-23
Plat Geo. H. Schickler's,addition
T
Legal Description Lot 19
To determine whether your property is
Abstract or Torrens, call (651)266-2000
Most Recent Sale
Sale Date 10-10-2003
Sale Price $115,000
Certificate of Reai Estate Value 318203
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.aspx?scrn=Quick&pin=362923240023&ent=0 4/22/2010
DEPARTMENT OF SAFETY AND INSPECTIONS
Steve Magmer, Mannger of Code Ei fm�cen+eivt
CITY OF SAIN'T PAUL
Chrestopker B. Colemnn. Mayor
3 �� Jackron Street., Suite 220
Satnt Pnul, MN 55J0l-1806
Telepl+orte G�!-d6G-89S9
Fncnnule 6.i 1-16G l 9/ 9
WeG i+++�+ sror : �o�'ds�
February 2S, 2010
Mai Ge Lo
Po Box 40366
St Paul MN 55104-8366
Mai Lo
2059 Birch Street
White Bear Lake MN 55110
Kyauna Lewis
Countrywide
301 Vanderbilt Way, Ste 350
San Bemardino CA 952408
MERS c/o Countrywide Home Loans
7105 Corporate Dr PTX-A-195
Plano TX 75024
MERS c/o Countrywide Home Loans
8431 Joiner Way
Eden Prairie MN 55344
Wilford & Geske, PA
8425 Seasons Pkwy, Ste 105
Woodbury MN 55125
Order to Abate Nuisance Building(s)
Dear: Sir or Madam
The Vacant/Nuisance Buildings Unit, Department of the Departmenf of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
402 EDMUND AVE
Witll the following Historic Preservation information: NONE
and legally described as follows, to wit:
Geo H Schicklersaddition T Lot 19
to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter
45A2, and subject to demolition under authority of Chapter 45.11.
On February 16, 2010, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the de�ciencies present at this time. This
building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall
uot again be used for occupancy until such time as a Certificate of Compliance or a
Certiflicate of Occupancy has been issued. All repairs must be in accordance with
appropriate codes. Changes or additions to the electrical system, mechanical system, or
the plumbing system may necessitate updating or upgrading the systems involved.
This is a one and a half story, wood-frame, single family dwelling.
An Affirmative Action Equal Opportuxuty Employe�
Feb�uary 23, 2010
402 EDMLND AVE
pa�e 2
EXTERIOR
l�-$2�
1. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or
defective bricks, tuckpoint as needed to restore the chimney to a professional state of
maintenance and repair. Permit may be required.
2. The eaves and soffits are in a state of disrepair ar deterioration. Repair all defects, holes,
breaks, loose or rotting boards, to a professional state of maintenance. Permit may be
required.
3. The window and/or door screens are missing, defective or in a state of disrepair.
Provide proper window and door screens for all openable windows and doors. Screens
must be tight-fitting and securely fastened to the frames.
4. The windows and/or storm windows are in a state of disrepair. Replace all missing or
broken window glass. Make all necessary repairs to frames, sashes, hardware and
associated trim in a professional manner. Permit may be required.
5. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof
covering to a sound, tight and water impervious condition. Permit may be required.
INTERIOR
6. The bathroom floor covering is deteriorated or inadequate. Provide floor covering
which is impervious to water and easily cleanable throughout the bathroom and seal
around the edges and fixtures.
The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation
defects in a professional manner to a weather-tight, water-tight and rodent-proof
condition. Permit may be required.
8. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be
Required.
9. There are missing or defective guardrails. Provide all stairways, porches, decks or steps
which are more than 30" high with guardrails and intermediate rails with openings in the
guardrail no more than four (4) inches apart and in accordance with the State Building
Code.
10. The stairs have missing or defective handrails. Provide all interior and exterior
stairways and steps ofmore that tl�ree (3) risers with handrails which are grippablc and
installed 34" to 38" above the nose of the stair treads.
1 L The interior ceilings are defective. Repair all ceiling defects and finish in a professional
manner.
12. The inferior walls are defective. Repair all wall defects and finish in a professional
manner.
13. There is evidence of a rodent infestation. Immediately exterminate and eliminate all
rodents from the entire building. Remove rodent harborages in the yard areas.
Tuckpoint the foundation if necessary to rodent-proof the building to prevent
re-infestation. Immediately remove any dead rodents from the premises.
February 23, 2010
402 EDMUND AVE
page 3
10-527
14. SANITATION: Immediately remove improperly stored or accumulated refuse
including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials,
household items, building materials, rubble, tires, etc., from yard. The Saint Paui
Legislative Code requires all exterior property areas to be maintained in a clean and
sanitary condition. Usable materials must be stored in an approved manner, so as not �o
constitute a nuisance.
15. Smoke Detector: Lack of properly installed and operable smoke detector. Provide
functioning smoke detectors in accordance with the attached requirement, within 24
hours.
16. Lack of Water Service. Immediately restore water sen�ice. Failure to provide �vater
service will result in these premises being declared Unfit for Human Habitation and
ordered vacated for lack of this basic facility.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resultmg nuisance condition is not corrected by Mareh 24, 2010 the Department o f Safety and
Inspections, Division of Code Enforcement, will begin a substantial abatement process to
demolish and remove the building(s). The costs of this action, including administrative costs
and demolition costs will be assessed against the property taxes as a special assessment in
accordance with law.
As first remedial action, a Code Complianee Inspection Report must be obtained from the
Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. This
inspection will identify specific defects, necessary repairs and legal requirements to correct this
nuisance condition. You may also be required to post a five thousand dollar ($5,000.00)
performance bond with the Department of Safety and Inspections befare any permits are issued,
except for a demolition permit. Call the Department of Safety and Inspections for more
infonnation at 651-266-8989.
If this building is located in a historic district or site (noted on page 1, above, just below tl�e
properYy address) then you must contact Heritage Preservation (HPC) staff to discuss your
proposal for the repairs required by this arder and compliance with preservation guidelines.
Copies oFthe guidelines and design review application and forms are available from the
Department of Safery and Tnspections web site (see letterhead) and from the HPC staf£ No
permits will be issued without HPC review and approval. HPC staff also can be reached by
calling 651-266-9078.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to a11 interested parties, all present or subsequent renters and
any subsequent owners. The property shall not be sold, transferred or conveyed in any manner
until the Nuisance Conditions have been abated and the Certifieate of Code Compliance or
Certificate of Occupancy has been issued.
The Enforcement Officer is required by law to post a placard on this property which declares ri
to be a"nuisance condition", subject to demolition and removal by Yhe City. This placard sUall
not be removed without the written authority of the Department of Safety and Inspections,
Division of Code Enforcement. The department is further required to file a copy of this "Order
to Abate" with the City Clerk's Office.
Febniary 23, 2010
402 ED�IUND AVE
page 4
10-$27
If corrective action is not taken within the time specified in this order, the Enforcement Officer
will notify the City Council that abatement action is necessary. The City Clerk will then
schedule dates for Public Hearings before the City Council at which time testimony will be
heard from interested parties. After this hearing the City Council will adopt a resolution stating
what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take the
abatement action or fix a time within which this nuisance must be abated in accordance witl� the
provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if conective action
is not taken within the specified time, the City shall abate this nuisance. The costs of this
actiou, including administrative costs will be assessed against the property as a special
assessment in accordance with law.
If you have any questions or request additional information please contact Rich Singerhouse
between the hours of 8:00 and 9:30 a.m. at 651-266-1945, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Manager of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 02/10
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Apri127, 2010 Legislative Hearing Minutes P�g.
1. Ordering the owner to remove or repair the building(s) at 402 Edmund Avenue within
fifteen (I S) days from adoption of resolution.
The property owner of record, Mai Ge Lo, did not appear. No other parties of interest appeazed.
Mr. Magner stated the building was a two-story, wood frame, single-family dwelling on a lot of
3,920 squaze feet and had been vacant since November 7, 2007. A code compliance inspection had
not been done, the vacant building registration fees in the amount of $1,100 went to assessment on
January 8, 2010, and the $5,000 performance bond had not been posted. On February 16, 2010, an
inspection of the building was done and a list of deficiencies which constitute a nuisance condition
was developed. An order to abate a nuisance building was posted on February 23, 2010 with a
compliance date of March 24, 2010. To date, the property remained in a condition which comprised
a nuisance as defined by the Legislative Code. Ramsey County Taacation estimated the mazket
value of the land to be approximately $14,600 and the building to be $32,500. Real estate taaces
were cunent. Code Enforcement estimates the cost to repair the building to be approximately
$40,000 to $50,000. The cost for demolition was estimated to exceed $11,000. There had also been
eight summary abatements issued to this property since 2007, 11 of which went to work order: to
secure the building and the City had to board the building to secure it from trespass, remove
improperly stored refuse and debris, boarding/securing, cut tall grass and weeds, and remove snow
and ice. Code Enforcement recommends the building be repaired or removed within 15 days. Mr.
Magner presented photographs of the property.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was built in
1887 and was a worker's cottage-style building. There was little original detail left of the exterior
of the building although it appeared the porch had been enclosed eazly on and some of the windows
were original. It had not been surveyed but was located in the potential Frogtown historic district.
There was continuity in the block face of the neighborhood with a school located across the street;
however, the lot next store was vacant. Although it did not have any potential as an historic
resource on its own, she encouraged rehab.
Ms. Moermond stated that it appeared this property was a result of a foreclosure and the bank had
no interest in maintaining the property. She recommended the building be removed within 15 days
with no option for repair.
May I I, 2010 Legislative Hearing Minutes
���
Ordering the owner to remove or repair the building(s) at 402 Edmund Avenue within
fifteen (15) days from adoption of resolution. (Continued from April 27)
Mai Lo, property owner, appeared.
Mr. Magner read his report from the April 27 hearing into the record. Ms. Moermond asked Ms. Lo
what her intentions were for the property.
Ms. Lo responded that she was behind in her mortgage payments and had attempted to do a loan
modification. There had not been a sheriff sale and the house was not currently in foreclosure. She
said she had talked to her lender and they were going to inspect the property to determine whether
the property was worth saving or if it should go forwazd for demolition. She had lived at the
property and thought possibly she could get another loan.
Mr. Magner stated that there was a notice of pendency filed in August 2009 and was surprised there
had not been a sheriff sale. He also said he was skeptical Ms. Lo would be able to secure another
loan when she was behind in her current mortgage. He asked her what her current mailing address
was as there had been retumed mail. Ms. Lo responded that she currently lived at 763 Earl in Saint
Paul and had a PO Box 40366 in Saint Paul. The property she had owned in White Beaz Lake had
been foreclosed.
Mr. Magner read an email into the record from David Mortensen, attorney with Wilford & Geske,
representing the mortgage company. A copy of said email is attached and made a part of this
record.
Ms. Moermond asked Mr. Magner about the work orders that had been done at the property. Mr.
Magner responded that the last work order was done in March. Ms. Lo stated that she did go by the
property probably once a month and admitted that she did not shovel the snow.
Ms. Moermond responded that it didn't appear she was a good candidate for rehabbing the property
since she was significantly behind in her mortgage, had no available financing, and she was not
maintaining the property. She suggested she taik to Mr. Mortensen regarding the intentions of the
mortgage company and that the hearing being continued to invite Mr. Mortensen to attend.
Ms. Moermond stated that the following conditions must be met: 1) apply for a code compliance
inspection; 2) post the $5,000 performance deposit; 3) submit a work plan; 4) obtain contractor
bids; 5) provide financial documentation indicating the ability to finance the rehab; and 6) the
property must be maintained. Ms. Moermond recommended continuing the legislative hearing to
May 25 and Council public hearing to June 2.
Page i of 1
vlai Vang - Order to Abate/Legislative Hearings - 402 Edmund Avenue, Saint Paul, MN 10-527
From: "David Mortensen"
To: "Mai Vang"
Date: 4/28/2010 2:16 PM
Subject: Order to Abate/Legislative Hearings - 402 Edmund Avenue, Saint Paui, MN
Ms. Vang,
I have been contacted by the lender on this property and will be representing them in the abatement/nuisance property
process. I understand there was a Iegisiative hearing held yesterday and there was a recommendation by Ms. Moermond. Can
you provide me with a copy of the decision or a summary of the recommendation? I am also looking to obtain any information
you have in the file regarding the property, the estimate to repair, and any pictures that would have been taken by the City's
i�spectors. This will assist us in evaluating the property.
I'd also like to ask if the city is willing to discuss permitting some additional time for my client to investigate the status of the
property. Would Ms. Moermond be willing to place the matter back on for a legislative hearing in the very near future before
the matter goes to the City Council?
Thank you,
Dave Mortensen
Uavid R. Y(ortensen � Attumey
Wilford& Geske, P.A.
6425 Seasons P¢rkway. Sui[c 105
Woodbury, Minnesota» 125
;dvact) 651.209 33I7
far} 651 209 3339
3mortensennu wilfordgeske com
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